By Kaya 959 News
The Constitutional Court has dismissed Busisiwe Mkhwebane‘s appeal against a high court decision to reject her report on Cyril Ramaphosa’s CR17 campaign funding.
Justice Chris Jafta handed down the judgement on Thursday.
The Public Protector approached the ConCourt after the Pretoria High Court set aside her findings in a 2020 ruling.
Mkhwebane’s report found that the president deliberately misled parliament about a R500,000 campaign donation from Bosasa’s Gavin Watson.
Justice Jaftha noted that the Public Protector found that the donation “passed through several intermediaries and this raised the suspicion of money laundering”.
But he said the “evidence placed before [Mkhwebane], dispelled all of this”. The donation in question had only passed through one account.
The ConCourt also dismissed Mkhwebane finding that Ramaphosa personally benefitted from the CR17 campaign.
Justice Jaftha said the finding was “not substantiated by her own report”.
The ConCourt also ruled on whether Mkhwebane had any authority to investigate the affairs of the CR17 campaign.
It found that she did not.
Judgment: The Public Protector did not have the scope and powers to investigate the CR17 campaign. The appeal is dismissed. (Public Protector and others v President of the RSA and others) pic.twitter.com/GJoTyvQQTO
— Constitutional Court (@ConCourtSA) July 1, 2021
Ramaphosa vindicated
Ramaphosa’s lawyer, Peter Harris, told News24 that “this ruling confirms that the President has [been] vindicated in every respect by the highest court in the country.”
He added that the ConCourt found that Mkhwebane “was wrong, in fact and in law, on every single one of her findings against the President”.
Meanwhile, investigative journalism organization, Amabhungane, says the ConCourt has vindicated its team.
“[The Constitutional Court] has ruled that the High Court was wrong not to consider amaB’s argument on the need for internal campaign financing disclosure. The issue will go back to the High Court,” the organization tweeted.
And, @amaBhungane was awarded its legal costs, to be paid by the President.
— amaBhungane (@amaBhungane) July 1, 2021
The EFF’s Mbuyiseni Ndlozi has also reacted to the judgement on social media.
“It is not true that Ramaphosa was not involved in the running or affairs of the #CR17Campaign accounts. He admitted to paying two EFF MPs from these accounts. We know the truth about #CR17BankStatements! Those who donated get preference in government contracts!” he tweeted.
It is not true that Ramaphosa was not involved in the running or affairs of the #CR17Campaign accounts. He admitted to paying two EFF MPs from these accounts.
We know the truth about #CR17BankStatements! Those who donated get preference in government contracts!
— Mbuyiseni Ndlozi (@MbuyiseniNdlozi) July 1, 2021
